Most people are exposed to the Miranda rights when they watch a crime drama and hear the police officer read these rights to someone. The rights include the right to remain silent and the right to speak to an attorney prior to being interrogated by police officers. These rights are rooted in the Fifth and Sixth Amendments of the United States Constitution.
Police officers must read a person their rights if that individual is being held in police custody and is being questioned. Once the rights are read, it’s up to you to invoke them, or the police officers can continue questioning you as they see fit.
Invoking your Miranda rights
You have to invoke your Miranda rights in a manner that’s clear and unambiguous. You can’t leave any question about what you intend to do. Because of this, you should make statements, such as “I invoke my Miranda rights” or “I opt to remain silent.” Once you invoke your rights, you shouldn’t say anything else.
Your Miranda rights apply universally after you invoke them. This means that the police officer questioning you can’t call in new officers to question you. Instead, they must cease all questioning so you can avoid self-incrimination.
It’s critical for police officers to respect the invocation of your Miranda rights. If they don’t do this, your statements can’t be used against you in court. Being able to have those statements thrown out can be complex, so it’s critical that you work with someone who understands how to utilize applicable laws in your defense strategy.
